I. Overview

“Unjust vexation” is one of the most commonly filed minor criminal cases in the Philippines. Despite being a relatively light offense, a case for unjust vexation can still create a “HIT” on your National Bureau of Investigation (NBI) clearance, which can cause problems in employment, travel, licensing, and other applications.

People usually ask:

“Paano ko matatanggal sa NBI ang kaso ko sa unjust vexation?”
“Na-dismiss na ang kaso, bakit may hit pa rin?”
“Pwede bang ipa-delete o ipa-expunge ang record?”

This article explains, in general terms:

What unjust vexation is under Philippine law
How it ends up on your NBI record
What “expungement” realistically means in the Philippine setting
The usual process to clear or update your NBI record
Special situations (dismissal, acquittal, conviction, minors, namesakes)
Practical tips and limitations under current laws

This is general legal information, not a substitute for advice from a Philippine lawyer who can review your specific documents and situation.

II. What Is Unjust Vexation?

Unjust vexation is found under Article 287 (second paragraph) of the Revised Penal Code (RPC). In simple terms, it penalizes acts that:

Annoy, irritate, or vex another person,
Are done without lawful justification,
Are willful (may intensyon), and
Are not covered by other specific RPC offenses.

It is often called a “catch-all” light offense for irritating or annoying conduct that is not serious enough to qualify as, for example, slander, physical injuries, or grave coercion.

A. Elements (Simplified)

Courts generally look for:

An act or conduct
That annoys, irritates, or vexes another
Without just cause, and
Done willfully and consciously

The exact acts can range widely (harassment, petty quarrels, certain pranks, repeated annoyance, etc.), which is why the offense is often criticized as vague and subjective.

B. Penalty and Nature of the Offense

Unjust vexation is usually treated as a light offense, with penalties often in the range of:

Arresto menor (up to 30 days) and/or
A fine, at the court’s discretion (subject to code amendments over time).

Because it is a criminal offense, even if “minor,” it is still recorded in:

Police blotters
Prosecutor’s office dockets
Court records (if an Information is filed)
NBI and related databases

Hence, it may show as a derogatory record or “HIT” in your NBI clearance.

III. How Unjust Vexation Appears on Your NBI Clearance

The NBI clearance is not just a list of convictions. It is a snapshot of pending and past derogatory records, based on data that NBI receives from:

Various courts (MTC/MeTC/MCTC, RTC, etc.)
The Department of Justice / Prosecutor’s Offices
Law enforcement agencies (PNP, etc.)

When you apply for NBI clearance:

Your name and personal details are checked against these databases.
If there is a match with entries involving you (as respondent, accused, or convicted), a “HIT” appears.
You may be required to return on a later date and/or appear before a Quality Control / Records section to verify the case.

Unjust vexation can show up as:

“Criminal Case for Unjust Vexation – (Court / Docket Number)”, or
A similar label tied to the specific court or case.

Even if the case was dismissed or you were acquitted, the mere existence of the case in the court’s or prosecutor’s system can create or maintain an NBI “HIT,” unless the database has been updated or annotated.

IV. Is “Expungement” Legally Available in the Philippines?

In many legal systems (like in some U.S. states), there is a formal process called “expungement”, where a criminal record can be completely erased or sealed under specific conditions.

In the Philippines:

There is no general, uniform expungement law that automatically wipes out criminal records for minor offenses like unjust vexation.
What usually happens instead is correction, updating, or clearing of your record with the NBI or other agencies to reflect the true status of the case (e.g., dismissed, acquitted, terminated).

Realistically, what people call “expunging” an unjust vexation case in the NBI context typically means:

Ensuring that the NBI record shows that the case has already been dismissed, archived, terminated, or that you have been acquitted, and ideally
That future NBI clearances will show “No Record” or a “Cleared” status, depending on NBI’s internal practice at the time.

The underlying court records themselves usually remain on file, even if archived, unless there is a very specific legal basis to destroy or seal them (which is rare in ordinary unjust vexation cases).

V. Key Scenarios and Their Effect on Your NBI Record

1. Case Dismissed at the Prosecutor’s Level (No Information Filed)

Example situations:

The complaint was dismissed for lack of probable cause.
The complainant executed an Affidavit of Desistance and the prosecutor dismissed the case.

Effect: No case is filed in court, but the prosecutor’s docket may retain a record of the complaint. This may or may not reflect as a HIT, depending on how the case is transmitted to NBI.

To clean this up with NBI, you usually need:

A certified copy of the Resolution of Dismissal, and
Sometimes a Certification from the prosecutor stating the case was dismissed and no Information was filed.

2. Case Filed in Court but Later Dismissed

This is very common. For example:

The case was dismissed upon motion of the prosecution.
The complainant did not appear, leading to dismissal for failure to prosecute.
There was a settlement and the court dismissed the case.
The case was provisionally dismissed and eventually considered permanently dismissed after the statutory period.

Effect: The case appears in court dockets and may be transmitted to NBI, creating a HIT.

To clear it:

Secure from the court:
- The Order of Dismissal, and
- A Certificate of Finality (showing the dismissal is final and executory).
Bring these to the NBI for updating/annotation of your record.

3. Acquittal After Trial

If you went through a full criminal trial and were acquitted:

You remain part of the case record, but the judgment clearly says you are NOT guilty.

To clear your NBI record:

Secure:
- A certified copy of the Decision of Acquittal, and
- A Certificate of Finality.
Present these to the NBI Records/Quality Control for updating.

4. Conviction with Sentence Served

If you were convicted of unjust vexation and:

Paid the fine or served the short jail term, and
The case is completely terminated (you have complied fully with the sentence),

your NBI record may still show the conviction.

In such cases, “expungement” is not automatic. Possible approaches:

Ask the court for a Certification that the case is terminated and the penalty has been fully served.
Present this to NBI to ensure that the record is properly labeled (e.g., no longer “pending”).
If appropriate, explore with a lawyer whether executive clemency (e.g., absolute pardon) is realistic—though this is very rare for light offenses and involves a separate, lengthy process.

Even with a conviction, updating the status (from “pending” to “terminated”) is still very important for employment and visa purposes.

5. Affidavit of Desistance and Settlements

Many unjust vexation cases end in:

Settlement between the parties, and
The complainant filing an Affidavit of Desistance, leading to dismissal.

The key is not the affidavit itself, but the court’s or prosecutor’s official action:

Dismissal order
Termination or archiving of the case

NBI will recognize what is reflected in official resolutions and court orders, not merely private affidavits. So you must secure the official resolution/order that followed the affidavit.

VI. Step-by-Step: How to Clear or “Expunge” an Unjust Vexation Record from NBI

While procedures may change over time, the typical general steps are:

Step 1: Apply for NBI Clearance and Identify the HIT

Fill out the application (online or in person).
Undergo biometrics and data capture.
If a HIT appears, you’ll be instructed to return or to proceed to a Verification / Quality Control / Records section on a specified date.

During this stage, NBI identifies:

Case title
Court or office
Docket number, if available

Take note of all details, as you’ll need them to go to the correct court or office.

Step 2: Obtain Official Records from the Court or Prosecutor

Go to the court or prosecutor’s office indicated by the NBI, and request:

For a dismissed case:
- Order of Dismissal (certified true copy)
- Certificate of Finality
For a case dismissed at the prosecution level:
- Resolution of Dismissal (certified)
- Certification that no Information was filed in court
For acquittal:
- Decision of Acquittal (certified)
- Certificate of Finality
For terminated conviction:
- Judgment
- Certification that the sentence was fully served and the case is terminated

Expect to pay small certification and documentary fees.

Step 3: Return to NBI for Record Updating / Clearance

Bring your documents to the NBI main office or designated clearance center that handles:

Quality Control / Records
Or any section specifically told to you during the HIT verification.

Usually, you will:

Present the certified court or prosecutor documents.
Fill out any forms required for checking and updating.
Wait while they confirm and annotate / update your record, or encode a remark that the case is already dismissed/acquitted/terminated.

Processing time and exact mechanics vary, but the aim is to have your record reflect that the case no longer indicates pending criminal liability.

Step 4: Re-issuance or Release of NBI Clearance

Depending on NBI procedure at the time:

Your current application may result in a clearance that indicates “No Record” or has a notation regarding a previously settled case; or
You may need to apply again in the future, by which time your record should be updated and the previous unjust vexation case should no longer trigger a problematic HIT.

VII. Special Situations

1. Namesake or Mistaken Identity

Sometimes you get a HIT simply because you share the same name or similar details with another person who has a case for unjust vexation (or another offense).

In such cases:

NBI may ask for additional data (IDs, middle name, birthdate, etc.).
If they confirm you are not the same person, they may annotate your record accordingly so future applications are smoother.

Keep copies of any NBI certifications stating that the HIT was due to a namesake. They can be useful in future applications.

2. Old Cases or Long-Inactive Files

Some unjust vexation cases may be decades old. Even if practically “dead” on the ground, they may still appear in databases.

Possible steps:

Check if the case has been formally dismissed, archived, or otherwise terminated by the court.
If not, consult a lawyer on whether to file motions (e.g., to dismiss for failure to prosecute or to declare the case terminated).
Once you have a clear court order, bring it to NBI for updating.

3. Offenses Committed When You Were a Minor (Child in Conflict with the Law)

If the unjust vexation incident occurred when you were a child (under 18), the Juvenile Justice and Welfare Act (RA 9344, as amended) has provisions on:

Confidentiality of records of children in conflict with the law
Non-disclosure in certain contexts

If you believe your unjust vexation record involves an act committed as a minor, you should:

Bring proof of your age at the time of the incident (birth certificate, etc.).
Consult a lawyer or the Public Attorney’s Office (PAO) about invoking these protective provisions to prevent further disclosure or to have your NBI record adjusted accordingly.

4. Data Privacy and “Right to be Forgotten”

The Data Privacy Act of 2012 recognizes:

The right to be informed
The right to access
The right to object and to correct inaccurate or outdated information

However, criminal records are usually considered information processed for legal and public interest purposes, so they are not easily erased. Still, you can:

Invoke your right to correct inaccurate or outdated data (e.g., if NBI still shows your unjust vexation case as “pending” even after dismissal).
Request that your record reflect the true final status.

Complete deletion of a historically accurate conviction is generally not guaranteed under Philippine law.

VIII. Practical Tips

Always get certified copies of any court order or prosecutor’s resolution involving your unjust vexation case. These are your main tools for clearing your record.
If you get a HIT in your NBI clearance, don’t panic. It does not automatically mean you have a conviction; it simply means the system found a match.
When applying for jobs or visas, be honest but precise:
- If the case was dismissed or you were acquitted, say so.
- If the case is fully terminated, you can say that no criminal case is pending against you.
Keep your court documents organized; you may need them again for future NBI applications or background checks.
If you’re unsure about the status of your case, visit the court or consult a lawyer. Do not rely solely on verbal assurances.
For complex situations (multiple cases, older records, minors, cross-border issues), consulting a Philippine lawyer is strongly recommended.

IX. Conclusion

For unjust vexation cases in the Philippines, “expunging” a criminal record in the strict foreign sense (complete erasure) is generally not how the system works. What you can realistically do is:

Ensure the case is dismissed, acquitted, or properly terminated at the court or prosecutor level;
Obtain certified official documents showing that status; and
Have your NBI record updated so that future clearances no longer show you as having an active or pending unjust vexation case.

While the paper trail almost always remains somewhere in the system, a properly updated NBI record is usually enough to prevent a minor unjust vexation case from following you around and affecting your opportunities.

If you have a specific case, dates, or orders in hand, it’s wise to have them reviewed by a Philippine lawyer or PAO so you can map out a tailored, step-by-step strategy to finally put the issue behind you.